9
AN ACT concerning youth correctional
facilities; relating to crimes com-
10 mitted therein;
reporting of incidents; investigations by attorney gen-
11 eral or county or
district attorney; prescribing certain criminal acts and
12 penalties
therefor.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. (a) Any
juvenile correctional facility officer or employee
16 of the juvenile justice authority or any
independent contractor, or any
17 employee of such contractor, working at a
juvenile correctional facility as
18 defined in K.S.A. 38-1602 and amendments
thereto, who has reason to
19 suspect that any felony classified as a
person felony as provided in chapter
20 21 of the Kansas Statutes Annotated has
been committed in such juvenile
21 correctional facility or related thereto,
such officer or employee shall re-
22 port the matter promptly to the attorney
general or the local county or
23 district attorney. Reports may be made
orally and shall be followed by a
24 written report if requested. Every written
report shall contain name of
25 the victim, description of the suspected
criminal act and any other infor-
26 mation which the maker of the report
believes might be helpful in estab-
27 lishing the suspected criminal act and the
person who committed the
28 criminal act. Such officer or employee
shall not be required to make such
29 report first to the commissioner of the
juvenile justice authority or any
30 employee of the commissioner.
31 (b) Intentional and
knowing failure to make a report required by this
32 section is a class B nonperson
misdemeanor.
33 (c) The attorney general
or local county or district attorney shall have
34 the duty to receive and investigate or
direct the investigation by an agent
35 whether there is reason to believe that a
crime as provided in subsection
36 (a) has been committed. If the attorney
general or local county or district
37 attorney determines that a criminal
prosecution should be considered the
38 attorney general or local county or
district attorney shall make a report
39 of the case to the appropriate law
enforcement agency. The attorney
40 general or local county or district
attorney may adopt rules and regulations
41 to carry out the provisions of this
act.
42 (d) The commissioner of
the juvenile justice authority shall adopt
43 rules and regulations, after consulting
with and seeking the advice of the

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1 attorney general in adopting such
rules and regulations, that govern the
2 reporting of suspected crimes within
such juvenile correctional facilities.
3 Subject to the provisions of this act
such rules and regulations shall spec-
4 ify: (1) Those types of suspected
crimes that are to be reported; and
5 (2) standards and
procedures for reporting such suspected crimes to
6 the attorney general or local county
or district attorney.
7 (e) (1) No
employer shall terminate the employment of, prevent or
8 impair the practice or occupation of
or impose any other sanction on any
9 officer or employee because the
officer or employee made an oral or
10 written report to, or cooperated with an
investigation by, a law enforce-
11 ment agency or the attorney general or
local county or district attorney
12 relating to the suspected criminal act.
13 (2) Violation of this
section is a class B nonperson misdemeanor.
14 (f) Anyone participating
without malice in the making of an oral or
15 written report to a law enforcement agency
or the attorney general or
16 local county or district attorney relating
to a suspected criminal act or in
17 any follow-up activity to or investigation
of the report shall have immunity
18 from any civil liability that might
otherwise be incurred or imposed. Any
19 such participant shall have the same
immunity with respect to participa-
20 tion in any judicial proceedings resulting
from the report.
21 Sec. 2. This act
shall take effect and be in force from and after its
22 publication in the statute book.
23